Madras High CourtWP(MD)/10497/2015disposed of

B. Muthupandi, v. The Secretary To Govt.

2023-11-29Honourable The Chief Justice,Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P(MD)No.10497 of 2015 and M.P(MD)Nos.1 and 2 of 2015 B. Muthupandi ... Petitioner -vs1. The Secretary to Government of India, Ministry of Environment and Forests, Parayavaran Bhavan, CGO Complex, Lodhi Road, New Delhi - 110 003.

2. The Government of Tamil Nadu, Rep. by the Additional Chief Secretary, Secretariat, St. George Fort, Chennai - 9.

3. The Principal Chief Conservator of Forests, O/o. The Principal Chief Conservator of Forests, Panagal Maligai, Chennai-15.

4. The Principal Chief Conservator of Forests, O/o. Chief Wild Life Garden, Panagal Maligai, Chennai-15.

5. The District Collector, O/o. District Collector Office,

6. The District Forest Officer, Theni District, Theni.

7. The Forest Ranger, Cumbum (East) Forest Range,

8. The Panchayat President, Suruli Patti Panchayat, Suruli Patti, Theni District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondent Nos.6 and 7 from collecting service charge in the name of Eco-tourism from the tourists, pilgrims and general public at Suruli falls in Suruli Patti Panchayat, Uthamapalayam Taluk, Theni District.

For Petitioner : Mr.R.Ganesh Prabu For R1 : Mr.R.Nandakumar Senior Central Government Standing Counsel For R2 to R7 : Mr.P.Thilakkumar, Government Pleader

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.R.Ganesh Prabu, learned counsel appearing for the petitioner, Mr.R.Nandakumar, learned counsel appearing for the respondent No.1 and Mr.P.Thilakkumar, learned Government Pleader appearing for the respondent Nos.2 to 7.

The learned counsel for the petitioner submits that respondent

Nos.6 and 7 should not collect the service charges in the name of Eco-tourism from the tourists, pilgrims and general public at Suruli falls in Suruli Patti Panchayat, Uthamapalayam Taluk, Theni District. 3.

The Panchayat is already collecting the fees for the vehicles. The Government Orders are issued from time to time authorising the respondent Nos.6 and 7 to collect the necessary vehicle fees and other fees, but the said Government Orders are not the subject matter of challenge in the present writ petition. In the absence of challenge to the said Government Orders, the relief prayed for cannot be granted. In case, the petitioner desires to challenge the said Government Orders, it is for him to take appropriate steps by filing appropriate petition. In that event, all contentions are kept open. 4.

The Writ Petition, accordingly, stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.V.G., .C.J.] [K.K.R.K., J.] 29.11.2023 Index : Yes / No : Yes / No

bala To:

1. The Secretary to Government of India, Ministry of Environment and Forests, Parayavaran Bhavan, CGO Complex, Lodhi Road, New Delhi - 110 003.

2. The Additional Chief Secretary, Government of Tamil Nadu, Secretariat, St. George Fort, Chennai - 9.